74 Income support [Income-based jobseeker's allowance] and other payments

74  Income support [Income-based jobseeker's allowance] and other payments

(1)     Where—

(a)     a payment by way of prescribed income is made after the date which is the prescribed date in relation to the payment; and

(b)     it is determined that an amount which has been paid by way of income support[, an income-based jobseeker's allowance[, state pension credit or an income-related employment and support allowance]] would not have been paid if the payment had been made on the prescribed date,

the Secretary of State shall be entitled to recover that amount from the person to whom it was paid.

(2)     Where—

(a)     a prescribed payment which apart from this subsection falls to be made from public funds in the United Kingdom or under the law of any [member State] is not made on or before the date

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